What Waivers Are Available if Deported Previously?
What Waivers Are Available if Deported Previously?
Being deported from the United States can have lasting consequences. If you attempt to legally immigrate back to the U.S. after a deportation, you may face challenges and need to apply for waivers. Here is an overview of some of the key waivers that may be available if you were previously deported.
The I-212 Waiver
If you have been deported or removed from the U.S., you may need an I-212 waiver before being allowed to legally return. This waiver allows a non-citizen who was previously deported or removed to reapply for admission to the United States. According to U.S. immigration law, non-citizens who were previously ordered deported or removed are barred from legally re-entering the U.S. for 5, 10, 20 years, or permanently. The I-212 waiver can overcome this bar and allow you to legally return sooner.
To be eligible for an I-212 waiver, you must meet certain criteria. This includes showing that your reasons for wanting to re-enter the U.S. are humanitarian or otherwise in the public interest. You will also need to show that you are not inadmissible for other immigration violations. The final decision lies with U.S. Citizenship and Immigration Services (USCIS). According to some Reddit users, I-212 waiver processing times can vary greatly, from a few months to over a year.
The Unlawful Presence Waiver
In additional to the I-212 waiver, you may also need an unlawful presence waiver if you lived illegally in the U.S. for a period of time before. This waiver forgives previous U.S. immigration violations related to unlawful presence. It allows non-citizens who are immediate relatives of U.S. citizens to overcome the 3- and 10-year bars to admissibility.
To qualify for this waiver, you must be an immediate relative of a U.S. citizen and show that denying you entry would cause extreme hardship for your U.S. citizen spouse or parent. You must also show that you are not inadmissible on other grounds and that you warrant a favorable exercise of discretion. This waiver does not need to be filed from outside the U.S. It can be filed and processed domestically if you qualify. According to Avvo, unlawful presence waiver processing times range from 6 months on the low end to 12 months on the high end.
The Fraud/Misrepresentation Waiver
If you previously lied on a visa application or otherwise committed fraud or misrepresentation to gain U.S. immigration benefits, you may need a fraud/misrepresentation waiver before being allowed to legally return. This waiver forgives immigration fraud or misrepresentation violations. It can help overcome permanent inadmissibility due to these violations.
To qualify for this waiver, you must be an immediate relative of a U.S. citizen or Legal Permanent Resident (LPR). You must also show that refusing your admission would result in extreme hardship for your qualifying relative. And you must show that you warrant a favorable exercise of discretion and are not inadmissible on other grounds. According to LawInfo, fraud waivers typically take 9-12 months to process.
Depending on your specific situation, you may need additional waivers beyond those listed above. For example:
- A health-related waiver if you have a medical condition that prevents you from meeting U.S. health standards for admission
- A crime-related waiver if you have a criminal record with convictions or offenses that make you inadmissible
- A security-related waiver if you have potential security or terrorist issues in your background
As you can see, the waiver process can be complex if you were previously deported from the U.S. Consulting with an experienced immigration attorney is highly recommended to understand exactly which waivers apply to your unique situation. The right legal guidance can help ensure you submit the necessary waivers accurately and avoid denial.
|What It Waives
|Typical Processing Time
|Prior deportation/removal order
|Unlawful Presence Waiver
|Prior U.S. immigration violations related to unlawful presence
|Prior fraud/misrepresentation to gain immigration benefits
Finding Legal Help
Trying to return to the U.S. after deportation is difficult, with many complex legal hurdles to overcome. Finding an attorney with specific experience helping previously deported individuals seek re-entry is key. They can evaluate your situation, identify any waivers needed, and improve your chances of approval. Without proper legal guidance, you risk submitting waiver applications inaccurately and facing denial.
Look for immigration lawyers or law firms in your area that specialize in post-deportation and waiver cases. According to FindLaw, it’s also a good idea to ask about their specific experience helping previously deported immigrants obtain waivers and legally return.
With the right legal expertise on your side, the complex waiver process does not have to be overwhelming. You can take the necessary steps to overcome previous immigration violations or deportation orders. And an experienced attorney can help guide your waiver applications accurately through approval, allowing you to legally re-enter the U.S. despite prior removal.